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United States·Human Rights·Democracy

US Supreme Court refuses to halt custody dispute over surrogate-born infant with heart defect

Wednesday, 23 September 2026, 06:21 · 1 min read

Justice Elena Kagan has denied an emergency request from McKenna West, an Alaska nurse who served as a surrogate, to block a California court order recognising Omar Ahmed and Nausheen Gilkar as the legal parents of a baby boy born with hypoplastic left heart syndrome (a rare condition that restricts blood flow to the heart and requires multiple surgeries). West had refused the couple's request to terminate the pregnancy after the defect was discovered, citing a disagreement over a contract clause permitting abortion in cases of fetal abnormality, and instead travelled to Texas — where abortion is illegal — to give birth. The Supreme Court's refusal to intervene follows a Texas Supreme Court ruling allowing the infant to be transferred to a Los Angeles hospital for treatment, leaving the California couple's parental rights intact while West continues to seek custody, arguing the parents will not pursue adequate medical care.

Sources
The Guardian — US supreme court declines to intervene in custody fight over baby born via surrogate ↗︎
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